Termination of work contract - processing fee "without prejudice"

Hello everyone,

we want to build a house in RLP, the following is stated in the contract for work:

1. The client can terminate the contract if the contractor has exceeded the construction period with the completion of the house (for your information: 12 months plus bad weather) and is in default. Before termination, the contractor must be given a written grace period. This amounts to at least 4 weeks. The possibility of termination in the event of an unsuccessful expiry of the grace period must be pointed out.

OK - understood.

But
2. If the client terminates the contract without the termination being caused or justified by the conduct of the contractor, the contractor is no longer bound to the lump sum price. He can invoice his services according to his list prices. Notwithstanding this, the contractor may, in the event of termination of the contract by the client or in the event of withdrawal from the contract claim a processing fee of up to 5% of the agreed gross contract price including chargeable special requests without proof of damage. No claim for lost profits.

Does this mean that even if I as the client terminate the contract for the aforementioned reasons (e.g. non-compliance with the construction period, unsuccessful grace period), the contractor is still allowed to charge this processing fee?
Or only if the termination is not justified?

The word "notwithstanding" unsettles me here.

Thanks a lot in advance.

2. If the client terminates the contract without the termination being caused or justified by the contractor's behavior,

That is the crux. Exceeding the agreed construction period + grace period = caused by the contractor's behavior Point 2 only applies to unscheduled terminations (just terminated like that). Not legal advice, lay opinion. Legal advice only possible from a lawyer.